CHARTER OF THE CITY OF OAK RIDGE, TENNESSEE 1 TABLE OF CONTENTS ARTICLE I ELECTIONS

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1 C-1 PREFACE Oak Ridge was organized under the modified city manager-city council charter. This charter, originally drafted in 1952 as proposed private act legislation for the incorporation of Oak Ridge, was rewritten and passed by the Tennessee General Assembly as an optional general law. The charter was adopted by Oak Ridge citizens May 5, The City of Oak Ridge was incorporated under that law, codified as Chapters 30 through 36 of Title 6, Tennessee Code Annotated. Those chapters became the Home Rule Charter of the City as a result of a referendum held November 7, A home rule charter can be changed by local referendum, but the Tennessee General Assembly cannot pass private acts to affect cities like Oak Ridge. Oak Ridge must follow laws that affect Tennessee cities generally unless such laws provide for local option. Amendments to any home rule charter must be approved by a local referendum, and may be placed on the ballot in any of three ways. Charter amendments may be proposed by ordinance of a home rule municipality; by a charter commission provided for by the General Assembly; or by a charter commission of seven (7) members chosen at-large not more often than once in two (2) years in a municipal referendum pursuant to a petition for such election signed by at least 10 percent of the qualified voters who voted in the most recent general municipal election. Amendments to the original Oak Ridge Charter have been placed on referenda in 1964, 1966, 1974, 1976, and Copies of each edition of the charter are on file in the office of the city clerk. The Charter Commission elected in June 2003 voted to retain the city managercity council form of government and to make no major change in the mode of operation of the city. The Commission proposed this revised and updated charter based on the original charter as amended through 1986, but consistent with prevailing laws and current methods of communication and operation. This revised charter was approved by Oak Ridge voters in a referendum on August 5, In accordance with Article III, Section 14, of the Charter, City Council appointed a seven member Charter Review Committee at its July 16, 2007 meeting whose duty it was to review the charter to ensure consistency with State law. This Review Committee approved four (4) separate changes to the charter which were approved by the voters at the August 7, 2008 General Election.

2 C-2 On November 4, 2008, a seven (7) member Charter Commission was elected by the voters after a petition calling for the election was circulated among the citizens of Oak Ridge. This Commission approved eight (8) changes to the charter. A resolution containing the changes to be placed on the November 2, 2010 ballot was forwarded to the Election Commission, and all the changes were approved by the voters at this election.

3 C-3 CHARTER OF THE CITY OF OAK RIDGE, TENNESSEE 1 TABLE OF CONTENTS SECTION PAGE ARTICLE I ELECTIONS 1. Method of electing governing body C-7 2. Time of elections C-7 3. Qualifications for voting C-7 4. Nonpartisan elections C-7 5. Eligibility for office of council member C-7 6. Nomination of council members C-8 7. Term of office C-8 8. Restrictions on candidates and supporters -- Penalty C-8 9. Time of taking office C Oath of office C Vacancies in council C Recall petition -- Members of city council and board of education C Recall elections C-10 ARTICLE II COUNCIL AND MAYOR 1. Regular meetings of council C Special meetings of council C Council meetings to be public C Quorum of council C Attendance and conduct at council meetings C Mayor C Mayor pro tem C Council rules -- Transaction of business C Powers to subpoena C-12 All of the City of Oak Ridge's "home rule" amendments through have been incorporated. Each section of the charter which has been amended by the city carries a citation to the ordinance responsible for such amendment.

4 C-4 SECTION PAGE 10. Compensation of council and mayor C Form of ordinance C Passage, preservation and publication of ordinances C Codification of ordinances C Rules and regulations C-14 ARTICLE III POWERS OF CITY AND COUNCIL 1. Powers under general statutes c City judge -- Clerk and employees of city court c City court c Removal of city judge c Advisory boards c Planning commission c Intergovernmental agreements and contracts c Arrangements and contracting powers c Liability of officers c Deposits and disbursements of funds c Franchises C Official city newspaper c City attorney c Periodic charter review c-20 ARTICLE IV TAXATION AND ISSUANCE OF OBLIGATIONS 1. Assessments C Equalization board -- Establishment C Levy, due date and delinquencies c Municipal debt c-21 ARTICLE V CITY MANAGER -- ADMINISTRATION OF CITY AFFAIRS 1. Appointment, term and qualifications of city manager c Temporary absence of manager c-22

5 C-5 SECTION PAGE 3. Council-manager relationships c Duties and authority of manager C Administrative organization c City clerk c Assessment and collection of taxes c Administration of finances C Fiscal year C Manager to prepare budget -- Contents C Capital budget program C Public hearing on budget -- Inspection -- Distribution C Adoption of budget -- Appropriation ordinance C Amendments to appropriation ordinance C Unexpended appropriation to lapse C Budget control C Purchasing C Management of city property and equipment C Annual audit C Fees paid to city C Depository for city funds C Appointment, removal and supervision of personnel under the city manager C General personnel policy C Manager to administer merit system C Investigation of complaints by personnel advisory board -- Findings -- Review C Personnel advisory board to assist manager C Compensation of officers and employees C Salary or wages to be only compensation -- Disposition of fees and commissions C Employee welfare benefits C Separations and resignations C Surety bonds of officers and employees C Pecuniary interest prohibited C Political activity prohibited C Financial records of utilities C Disposal of utility plants and property C-31

6 C-6 SECTION PAGE ARTICLE VI PUBLIC SCHOOLS 1. Board of education C Nomination and election of board members C Election of board of education -- Term of office C Board of education chair -- Vice-chair C Powers and duties of board of education C Rules of procedure and meetings C Vacancies on board C Compensation of board members C Superintendent of schools -- Board secretary C Powers and duties of superintendent of schools C Officers and employees of school system C Financial management C School budget C Notice of appropriation C Purchases and contracts C Disbursements C Transfer of city schools to county C Agreement with county to take over county schools C Resolution of conflict with state laws C-40

7 C-7 ARTICLE I ELECTIONS Section 1. Method of electing governing body. All corporate, legislative, and other powers of the city, except as otherwise provided in Articles I through VI inclusive of this Charter, shall be vested in a Council, and said Council shall be composed of seven (7) members to be elected at large. Election to the Board of Education shall be as provided in Article VI of this Charter. Elections shall be conducted under the provisions of the Tennessee Code Annotated , et seq. Section 2. Time of elections. A regular city election shall be held biennially on the date of the general state election held on the first Tuesday after the first Monday in November of even-numbered years in accordance with the general election laws of the State of Tennessee. [As amended by referendum, November 11, 2010] Section 3. Qualifications for voting. For the purposes of city elections, a citizen of the United States eighteen (18) years of age or older who is a resident of this state and the City of Oak Ridge is a qualified voter unless the citizen is disqualified under the provisions of this Charter or under a judgment of infamy pursuant to TCA Section 4. Nonpartisan city elections. All city elections shall be nonpartisan. Section 5. Eligibility for office of council member. Any qualified voter of the city shall be eligible for election to the council, if the voter has been a resident of the city for one (1) year next preceding the day of election and provided that before taking office the elected voter resign any position of employment with the city, or office filled by state, county, or other municipal public election. [As amended by referendum, November 11, 2010]

8 C-8 Section 6. Nomination of council members. Nomination of Council members shall be conducted in accordance with the general election laws of the State of Tennessee. [As replaced by Ord. #15-08, May 2008, which was approved by the voters at the August 7, 2008 General Election] Section 7. Term of office. Four (4) council members shall be elected for a term of four (4) years in the regular city election of June 2005, and three (3) council members shall be 1 elected in the regular city election of June 2007 for a term of four (4) years. Commencing with the next following regular city election and at all subsequent regular city elections thereafter, the council seats then becoming vacant shall be filled by council members each elected for four (4) year terms. [As amended by referendum, November 11, 2010] Section 8. Restrictions on candidates and supporters -- Penalty. If a candidate or any person on the candidate's behalf directly or indirectly gives or promises to any person or persons any office, employment, money, benefit, or anything of value in connection with the candidacy, the 1 The terms of office as provided in this section were amended by Question 1 of the November 2010 referendum wherein the voters approved the following change: "Shall Article I, Sections 2 and 7, Time of elections and Term of office; Article III, Section 2, City Judge -- Clerk and employees of city court; and Article VI, Section 3, Election of board of education -- Term of office, of the Oak Ridge City Charter be amended to provide for regular city elections to be held biennially on the date of the general state election held on the first Tuesday after the first Monday in November of even-numbered years in accordance with the general election laws of the State of Tennessee?" Effectively, the four (4) council member seats elected for a term of four (4) years in the regular city election held in June 2009 will hold office until the general state election in November 2014 when those four (4) council member seats will be elected at that time and every four (4) years thereafter under the new time for election. The three (3) council member seats elected for a term of four (4) years in the regular city election held on June 2007 will hold office until the general state election in November 2012 when those three (3) council member seats will be elected at that time and every four (4) years thereafter under the new time for election.

9 candidate shall thereafter be ineligible to hold any office or position of employment in the city government for a period of five (5) years. Section 9. Time of taking office. C-9 After certification of the election by the county election commission, persons elected to the office of council member shall take office upon taking the oath of office as provided in Article I, Section 10. Section 10. Oath of office. Every officer or employee, before taking any office in the city government, shall take, subscribe to and file with the city clerk the following oath or affirmation: "I solemnly swear (or affirm) that I possess all the qualifications prescribed for the office (or position) of, as prescribed by this Charter, and that I will support the Constitution and will obey the laws of the United States and of the State of Tennessee, and that I will, in all respects, observe the provisions of the Charter and ordinances of the City of Oak Ridge, Tennessee, and that I will faithfully discharge the duties of the office (or position) of." Section 11. Vacancies in council. A vacancy shall exist if a council member resigns, dies, takes residence outside the city or has been continuously disabled for a period of three (3) months so as to prevent the council member from discharging the duties of the office, accepts any state, county or other municipal office which is filled by public election or position of employment with the city, or is convicted of malfeasance or misfeasance in office, a felony, a violation of this Charter, or a violation of the election laws of the state. A vacancy shall be filled within thirty (30) days by an affirmative vote of a majority of the remaining council members, the appointee to serve until the next regular city, county, or state election, at which time a successor shall be elected to fill the unexpired term. If a tie vote by the council to fill a vacancy is unbroken for thirty (30) days, the mayor shall appoint a qualified person to fill the vacancy. No appointment to fill the vacancy shall be made within sixty (60) days prior to any regular city, county, or state election. Section 12. Recall petition -- Members of city council and board of education. Recall petitions initiated under the provisions of TCA shall require the signature of at least fifteen (15) percent of the registered voters in

10 C-10 the City of Oak Ridge. All petitions for recall shall be filed with the county election office within 75 days of certification by the election commission. Section 13. Recall elections. At recall elections, voters qualified to vote for a successor to the incumbent shall vote either "for recall" or "against recall." If at least sixty-six percent (66%) of those voting vote "for recall" the person named shall be declared removed from office and the office declared vacant. Such vacancy shall be filled as directed in Article I, Section 11, for city council and Article VI, Section 7, for members of the board of education. The said method of removal shall be cumulative and additional to the methods heretofore existing by law. No more than one election for the purpose of recall shall be held in any six (6) month period, and no such election shall be held within a period beginning ninety (90) days before and ending ninety (90) days after a regular municipal election.

11 C-11 ARTICLE II COUNCIL AND MAYOR Section 1. Regular meetings of council. The council shall hold regular meetings in Oak Ridge at least once monthly. Increased frequency, time of day, and place of its meetings shall be established by resolution. Section 2. Special meetings of council. Special meetings shall be called by the clerk on the written request of the mayor, the manager, or any two (2) council member(s) by providing each council member with twenty-four (24) hours' written notice served personally or left at his or her usual place of residence. Business transacted at any special meeting shall be limited to subjects recited in the notice of such meeting. Section 3. Council meetings to be public. All council meetings shall be open to the public and citizens shall have a reasonable opportunity to be heard. The council shall exercise its powers only at public meetings. Section 4. Quorum of council. At least a majority of the members then in office shall be a quorum for the transaction of business at all council meetings; but in the absence of a quorum, two (2) members may adjourn the meeting to a later date. Section 5. Attendance and conduct at council meetings. The council may enforce orderly conduct and compel the attendance of its members and other city officers at its meetings. Any member of the council or other officer of the city who refuses to attend meetings when served with notice or conducts himself or herself in a disorderly manner thereat may be deemed guilty of misconduct in office. Upon council request the manager shall designate a police official or officer to serve as the sergeant-at-arms of the council. Section 6. Mayor. The council, at its first regular meeting following a regular city election and after all newly-elected members have been duly qualified, shall elect one of its members mayor for a term of two (2) years. Whenever a vacancy occurs in

12 C-12 the office of the mayor, the council shall elect one of its members to serve until the time fixed herein for the regular election of mayor. The mayor shall preside at meetings of the council, shall have a vote on all matters but no veto power, shall be the ceremonial head of the city, shall sign ordinances and resolutions on their final passage, shall sign deeds, bonds and contracts when authorized by the council to do so, shall be the officer to accept process against the city, shall not have any regular administrative duties, and shall perform only such duties as shall be specifically conferred. Section 7. Mayor pro tem. The council shall choose one of its members mayor pro tem who shall act in the temporary absence or disability of the mayor. Section 8. Council rules -- Transaction of business. The council shall determine its own rules and order of business subject to the following provisions: The affirmative vote of at least a majority of the members of council then in office shall be required to approve any proposed action other than those listed in Article II, Section 2, and Article II, Section 4. There shall be a journal of proceedings of all council meetings, signed by the mayor and clerk and to which the public shall have access at all reasonable times. A summary of council proceedings shall be published in the official city newspaper within fifteen (15) days after a meeting, showing the substance of each council action. A vote upon all proposed ordinances and resolutions shall be taken by "yea" and "nay" vote, and the vote of each council member entered upon the journal. The journal shall also report the names of the council members present and absent, each motion considered, and the title of each ordinance or resolution considered. There shall be no standing committee of the council. Section 9. Powers to subpoena. The council may by resolution make investigations into the affairs of the city and the conduct of all city departments, offices, boards, commissions, committees, and agencies, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. [As replaced by referendum, November 11, 2010] Section 10. Compensation of council and mayor. Each member of council shall be compensated at the rate of one hundred and fifty dollars ($150.00) per month. The mayor shall receive the sum of one hundred and fifty dollars ($150.00) per month in addition to compensation as a

13 C-13 council member. Council shall establish rules under which members may be reimbursed for actual and necessary expenses incurred in the conduct of their official business. Section 11. Form of ordinance. Any action of council having a regulatory or penal effect, relating to revenue or the expenditure of money, or required to be done by ordinance under this Charter, shall be done only by ordinance. Each ordinance shall relate to a single subject, which shall be expressed in a title that contains a summary of its contents. Each ordinance shall be approved as to form and legality by the city attorney, and upon adoption shall be further identified by a number. The enacting clause of each ordinance shall be: "Be it ordained by the Council of the City of Oak Ridge, Tennessee." Other actions may be accomplished by resolutions or motions. Each resolution or ordinance shall be in written form before being introduced. Section 12. Passage, preservation and publication of ordinances. Each ordinance, before being adopted, shall be read at least by title at two meetings not less than one (1) week apart, and shall take effect ten (10) days after its adoption, except that, where an emergency exists and the public safety and welfare requires it, an ordinance containing a full statement of the facts and reasons for the emergency may be made effective upon its adoption if approved by a majority of the members of the council on two (2) readings on successive days. At least the title of each ordinance, except an emergency ordinance, shall be published in the official city newspaper at least one (1) week before its adoption and within ten (10) days after its adoption, either separately or as part of the published proceedings of the council. The newspaper publication shall include locations where the ordinance is available for public review. The entire ordinance shall be published on the city's website at least one (1) week before its adoption and shall remain on the website for a minimum of 30 days after its adoption. The ordinance shall be available at the public library and at the office of the city clerk, and upon adoption shall become a permanent record in the office of the city clerk. Amendments of ordinances and resolutions or parts thereof shall be accomplished only by setting forth the complete section, sections, subsection, or subsections in their amended form. An ordinance may be repealed by reference to its number and title only and publication of the ordinance may be similarly limited. All ordinances and their amendments shall be recorded by the city clerk in a book to be known as the "ordinance book," and it shall be the duty of the mayor and city clerk to authenticate such records by their official signatures. A separate record shall be maintained for resolutions. The original copies of all

14 C-14 ordinances, resolutions, and minutes of City Council meetings shall be filed and preserved by the city clerk. If any portion of an ordinance or the application thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect the remaining portions or application, provided such remaining portions are not determined by the court to be inoperable, and to this end ordinances are declared to be severable. Section 13. Codification of ordinances. The council shall arrange for the regular codification of all ordinances having a regulatory effect or having continuing general application. Current loose-leaf editions of the official code shall be maintained and be made available for purchase by the public at a reasonable fee established by the council. Copies of the official code may be certified by the city clerk, and when so certified shall be competent evidence in all courts and legally established tribunals as to the matters contained therein. Section 14. Rules and regulations. The council may by ordinance authorize the city manager to formulate and promulgate formal rules and regulations having regulatory effect or having general application on various matters, subject to such restrictions and standards of guidance as the council may prescribe. No such formal rule or regulation shall take effect until it is filed with the city clerk, who shall file and preserve the original copy. Such rules and regulations shall be included as a separate section of the city code. Amendments of such rules and regulations shall be accomplished only by setting forth complete sections or subsections in their amended form.

15 C-15 ARTICLE III POWERS OF CITY AND COUNCIL Section 1. Powers under general statutes. The City of Oak Ridge shall have all the powers and authority enumerated in Sections , and , Tennessee Code Annotated, which are incorporated in this Charter by reference. The amendment of these sections of the Code shall not in any way change such powers as they apply to the City of Oak Ridge, but such powers shall be increased, decreased or changed only by amendment of this Home Rule Charter in the manner provided in Article XI, Section 9, of the Constitution. Section 2. City judge -- Clerk and employees of city court. The city judge shall be a person licensed to practice law in the state of Tennessee and shall be elected by popular vote at the same time as provided for 1 election of the governing body of such corporation, and in the same manner as provided for election to the board of education. Such judge shall be elected for a term of four (4) years. The city council shall by ordinance provide for the compensation of the city judge and other employees of the court, except that the judge shall be authorized to appoint, promote, suspend, remove or to take any other established personnel action with respect to the court clerk and other court employees consistent with the provisions of this Charter. The compensation fixed for the judge and court employees shall in no way be related to the amount of moneys collected by the court, and the compensation so fixed shall be in lieu of all fees, fines, penalties, forfeitures, or other moneys collected by the court. 1 The terms of office as provided in this section were amended by Question 1 of the November 2010 referendum wherein the voters approved the following change: "Shall Article I, Sections 2 and 7, Time of elections and Term of office; Article III, Section 2, City Judge -- Clerk and employees of city court; and Article VI, Section 3, Election of board of education -- Term of office, of the Oak Ridge City Charter be amended to provide for regular city elections to be held biennially on the date of the general state election held on the first Tuesday after the first Monday in November of even-numbered years in accordance with the general election laws of the State of Tennessee?" Effectively, the city judge elected for a term of four (4) years in the regular city election held in June 2007 will hold office until the general state election in November 2012 when the city judge seat will be elected at that time and every four (4) years thereafter under the new time for election.

16 C-16 A vacancy shall exist if the city judge resigns, dies, or has been continuously disabled for a period of three (3) months so as to prevent the city judge from discharging the duties of office; and such vacancy shall be filled by a majority vote of the city council, the appointee to serve until the next regular city or county election, whichever is first held, at which election a duly qualified person shall be elected to fill the unexpired term of the office. Whenever the city judge finds it necessary to be absent from holding court, the city judge may designate in writing, to be filed with the clerk of the city court, a name of a special judge to hold court in the city judge's place and stead. The special judge shall be a person who has the qualifications of city judge and the special judge shall take the same oath and have the same authority as the regular city judge to hold court for the occasion. [As amended by referendum, November 11, 2010] Section 3. City court. The council shall by ordinance establish and provide for the administration of a city court. The judge of the city court shall have jurisdiction in and over all cases for the violation of and all cases arising under the laws and ordinances of the city, and in all such cases the judge is authorized to tax in the bill of costs the same amounts and for the same items allowed in general session courts for similar work in state cases; provided the council may provide for smaller costs. Warrants, subpoenas, orders and other processes of the court shall be executed by police officers of the city, who for such purposes of the court shall have the same powers and authority of a sheriff in executing process of a circuit court. All fines, penalties, forfeitures, and money collected by the court, or the officers and employers thereof, shall be promptly turned over to the city treasury. The council shall require an audit of the accounts of the court at least annually. The records of the court shall be prescribed by ordinance. [As replaced by Ord. #16-08, May 2008, which was approved by the voters at the August 7, 2008 General Election] Section 4. Removal of city judge. The city judge shall be subject to removal from office for the same causes and in the same manner as provided for the removal of public officers by Sections through of Tennessee Code Annotated. In case of the absence or inability of the judge to serve, the city council may appoint and fix the compensation of an acting city judge who may be removed at any time without cause. Except as provided herein, officers and employees of the court are also subject to the provisions of Title 8 of the Tennessee Code Annotated. Section 5. Advisory boards.

17 C-17 The council shall by ordinance create a personnel advisory board and may create by ordinance, resolution or motion such other long- or short-term advisory boards to the council and/or manager with respect to specific municipal functions as it may deem necessary, prescribing in each case the number, manner of appointment, length of term, and advisory duties of members of such boards who shall serve without compensation but may be reimbursed for necessary expenses incurred in official duties. An advisory board shall elect its own chair and any other officers from its membership. A council member may be appointed as a member of any advisory board, except the personnel advisory board. The council may direct the city manager to appoint a non-voting staff representative to any advisory board. Section 6. Planning commission. The council shall establish a planning commission and may within the framework of this Charter exercise authority in the fields of planning, zoning and subdivision control and related activities as provided by general laws of the state. At a time determined by city ordinance and consistent with applicable state law the planning commission shall submit to the city council a long-term capital improvement program with recommendations as to the priority of individual projects and the methods of financing them. The recommendations of the planning commission are to be considered by the council for the purpose of providing guidance to the city manager in preparing the annual budget as provided in Article V., Section 11. The members of the planning commission shall serve without compensation, but may be reimbursed for necessary expenses incurred in official duties. Section 7. Intergovernmental agreements and contracts. In addition to other powers granted in this Charter, the city council shall have power to contract and cooperate with any other municipality or other political subdivision of the state, or with an elective or appointive official thereof, or with any duly authorized agency of the federal or state government, for the planning, development, construction, acquisition, or operation of any public improvement, utility, or facility, for a common public service, for having the same individuals serve as officers or employees in more than one political subdivision and/or federal or state agency on a part-time basis in each, for the construction or operation of federally-owned utilities and other property on behalf of the federal government, for the acquisition by gift or by transfer or by purchase of federal property and if by purchase for the financing of its acquisition, for entering into contracts relating to acceptance of payments in lieu of taxes and/or state, federal, or other contributions, and for the furnishing of services to the federal government and its designees, outside the city limits as well as within; provided that the subject and purpose of any such contract or

18 C-18 cooperative action made and entered into by the council shall be within the scope of the powers of the city. Section 8. Arrangements and contracting powers. The city council may exercise the powers conferred in Article III, Section 7, by ordinance setting out the terms agreed upon by the parties to such a contract or cooperative action. The parties to such a contract or cooperative action, or any of them, may acquire, by gift or purchase, or by the power of eminent domain exercised by one or more of the parties, the lands, buildings, and other property necessary or useful for the purposes of the contract or cooperative action, either within or without the corporate limits of one or more of the contracting parties, and shall have the power to hold or acquire such lands as tenants in common. The city may provide for the financing of its share or portion of the cost or expenses of such a contract or cooperative action in the same manner and by the same procedure for the financing by the city of the subject and purposes of the contract or cooperative action as if acting alone and on its own behalf. Such contract also may provide for the establishment and selection of a joint commission, officer, or officers to supervise, manage, and have charge of such joint service or project, and may provide for the powers and duties, terms of office, compensation, if any, and other provisions relating to the members of such joint commission, officer, or officers. Such contract may include and specify terms and provisions relative to the termination or cancellation of the contract or cooperative action by ordinance or resolution, and the notice, if any, to be given of such termination or cancellation; provided, that such cancellation or termination shall not relieve any party participating in such contract or cooperative action from any obligation or liability for its share of the cost or expense incurred prior to the effective date of any such cancellation or termination. Section 9. Liability of officers. All public officers acting under the authority of a contract or cooperative action under the provisions of Article III, Section 7 and Section 8, shall be deemed to be subject to the same liabilities to which they would have been subjected for actions occurring entirely within their own territorial limits. Section 10. Deposits and disbursements of funds. All money received pursuant to any such contract or cooperative action, under the provisions of Article III, Section 7 and Section 8, unless otherwise provided by law, shall be deposited in the appropriate fund or funds and

19 C-19 disbursed in accordance with the provisions of such contract or cooperative action. Section 11. Franchises. No franchise or grant for the operation of a water, electric, telephone, steam, or public transportation or other utility which is not revocable at the will of the council shall be granted or become operative except by ordinance. Such ordinance shall become effective thirty (30) days after its adoption by the council unless twenty percent (20%) of the qualified electors of the city shall sign a petition and present it to the council during such thirty (30) day period requesting that the ordinance be referred to the electors, in which case it must receive the approval of a majority of the electors voting thereon at a municipal election, and all renewals, extensions and amendments thereof shall be granted only in the same manner. All public utility franchises granted under this Charter shall be subject to the following rights of the city, provided however, that this enumeration is not to be construed as being exclusive or as impairing council authority to impose any condition that may be in the municipal interest and within the power of the city to impose or require: (a) To revoke for misuse, or non use, or for failure to comply with the provisions thereof; (b) To require proper and adequate provision, extension, and maintenance of plant and service at the highest practicable standard of performance; (c) To establish reasonable standards of service and prevent unjust discrimination in service or rates; (d) To require uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof; and (e) To impose such other regulations as may be determined by the council to be necessary to the health, safety, welfare, and accommodation of the public. The council may institute such actions or proceedings as may be necessary to enforce a franchise and may revoke, cancel, or annul all franchises which have become inoperative, illegal, or void and not binding upon the city. Subject to state law, all public utility franchises shall prescribe the manner of fixing rates, fares, and charges, and the readjustments thereof at reasonable intervals at the discretion of the city. The values of the property of the utility used as a basis for fixing such rates, fares, and charges shall in no event include a value predicated upon the franchise, good will, or prospective profits. Provided, however, that this section shall not be construed to repeal, abridge, modify or supersede any statute or law of the state pertaining to the public service commission or the regulation of public utilities which are subject to its jurisdiction; and the provisions of subdivisions (b), (c), and (d) of this

20 C-20 section shall not apply to any public utility over which the said commission exercises regulatory authority. Section 12. Official city newspaper. The council by resolution shall designate a newspaper of general circulation in the city as the official city newspaper. The official notices and publications to be published in the official city newspaper shall also be published on the city s web site. [As amended by referendum, November 11, 2010] Section 13. City attorney. The council shall appoint a city attorney together with such assistant city attorneys as the council shall determine are required. The city attorney shall be responsible for representing and defending the city in litigation in which the city is a party, shall be the prosecuting officer in the city court, shall attend all meetings of the council, shall advise the council, city manager and other officers and employees of the city concerning legal aspects of the city's affairs, shall approve as to form and legality all contracts, deeds, bonds, ordinances, resolutions, motions, and other official documents, and shall perform such other duties as may be prescribed by the council or city manager. The city attorney shall be an attorney licensed in the State of Tennessee. Section 14. Periodic charter review. Every eight years beginning in July 2007, the city council shall appoint a Charter Review Committee. The duty of the Committee shall be to review the Charter to ensure consistency with state law. The Charter Review Committee shall consist of seven members appointed by the city council. The city manager and city attorney shall serve as non-voting ex officio members. The Charter Review Committee shall conduct regular meetings, appoint one of its members as chair, keep minutes of its meetings, and submit its proposed amendments to the city council not later than 10 months from the date of official appointment. The city council shall consider the recommendations of the Charter Review Committee, and submit amendments that the council deems appropriate to a referendum of the voters in accord with the home rule provisions of the Tennessee Constitution.

21 C-21 ARTICLE IV TAXATION AND ISSUANCE OF OBLIGATIONS Section 1. Assessments. The council by ordinance may provide for the assessment of property lying within the corporate limits by city assessing personnel, or may enter into any necessary agreements with the appropriate county officials for joint assessments by the city and county, or may elect to use county assessments. There shall be added to any county assessment any property omitted from such assessments. Section 2. Equalization board -- Establishment. The council may by resolution establish an equalization board, and may appoint as members three (3) persons who are property owners and qualified voters of the city for a two (2) year term. Otherwise, the equalization board and its powers, duties, and procedures will be governed by state law. Section 3. Levy, due date, and delinquencies. Unless otherwise provided by ordinance, the schedule for ad valorem property tax levy, due date, and delinquencies shall be the same as provided by general law for counties, provided that the tax levy shall be set by council prior to the beginning of the new fiscal year. If no levy is made before the end of the fiscal year, the current levy shall be carried forward to the new fiscal year. Section 4. Municipal debt. The City of Oak Ridge may borrow money as provided by Tennessee General Law. Such authority is found within Title 9, Chapter 21, of the Tennessee Code, entitled Local Government Public Obligation Act.

22 C-22 ARTICLE V CITY MANAGER--ADMINISTRATION OF CITY AFFAIRS Section 1. Appointment, term and qualifications of city manager. The council shall appoint a chief administrative officer of the city who shall be entitled city manager, and who shall serve at the pleasure of the council. The manager shall be selected on the basis of training, experience, and other administrative qualifications for the office and without regard to political or religious preference or place of residence at the time of appointment. No member of council shall be eligible for the position of manager within two (2) years after the expiration of his or her latest council term. Section 2. Temporary absence of manager. The council may designate a qualified administrative officer of the city to assume the duties and authority of the manager during periods of vacancy in the office, temporary absences or disability of the manager. Section 3. Council-manager relationships. The manager shall be responsible to the council for the administration of all units of the city government under his or her jurisdiction and for carrying out policies adopted by the council. Except for the purpose of inquiry, the council and its members shall deal with the administrative officers and employees solely through the manager. Neither the council nor any member thereof shall give orders to the manager's subordinates or otherwise interfere with managerial functions through such means as directing or requesting the appointment or removal of any of the manager's subordinates, or the making of particular purchases from, or contracts with, any specific organization. The office of any council member violating any provision of this section shall immediately become vacant upon the member's conviction in a court of competent jurisdiction. Section 4. Duties and authority of manager. The manager shall supervise the administrative affairs of the city. The manager shall be charged with the preservation of the public peace and health, the safety of persons and properties, and the enforcement of the laws, ordinances, and franchises, and the development and utilization of the city's resources. The manager shall make such reports and recommendations as may be deemed desirable and perform such other duties as may be prescribed by this Charter or required of him or her by ordinance or resolution of the council not inconsistent with this Charter. The manager shall have the right to take part

23 C-23 in the discussion of all matters coming before the council, but not the right to vote. Section 5. Administrative organization. Within the framework established by this Charter, the administrative organization of the city shall be organized into departments of general government, finance, and such other departments necessary to provide health, welfare, police, recreation, fire, library, public works, utilities and other municipal services as shall be provided in a plan of administrative organization to be developed by the city manager and submitted to the council for approval and adoption by ordinance. The council may by ordinance amend the plan of administrative organization only after receiving the written recommendations of the city manager. Administrative regulations governing the operations and relationships of departments, agencies, and offices within the administrative organization shall be prepared and issued by the city manager. The authority to prepare and issue departmental rules and regulations may be delegated to designated subordinates. Section 6. City clerk. The city manager shall appoint a city clerk, together with such deputy city clerks as may be authorized by ordinance. The city clerk shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping minutes at such meetings; preparing and certifying copies of official records in the office of the city clerk, for which fees may be prescribed by ordinance; and shall perform all other duties as are prescribed by the council or city manager. Section 7. Assessment and collection of taxes. The city manager or administrative personnel appointed by the manager shall make use of every method provided by general law to insure the collection of taxes due the city, and shall also be authorized to use and shall use, if necessary, the methods now available to cities organized under the uniform city manager-commission charter, TCA through TCA Section 8. Administration of finances. The city manager or an officer appointed by the manager shall have charge of the administration of the financial affairs of the city. There shall be maintained such accounting controls over the finances of the city, and such financial reports as may be required by this Charter, by ordinance, or by the

24 C-24 manager. The manager shall provide for the auditing, approving and payment of all claims against the city. Section 9. Fiscal year. The fiscal year of the city shall begin on the first day of July and shall end on the thirtieth day of June of the succeeding year, but another fiscal year may be fixed by ordinance for the entire city government or for any utility. Section 10. Manager to prepare budget -- Contents. After one or more council meetings devoted to guidance to the city manager with respect to the budget to be submitted, as determined by the council, on or before a date fixed by the council, the manager shall submit to the council a proposed budget for the next fiscal year. The budget shall present a complete financial plan for the ensuing year, including at least the following information: (a) Detailed estimates of all proposed expenditures for each department, board, officer or other agency of the city, showing in addition the expenditures for corresponding items for the last preceding fiscal year, appropriations and anticipated expenditures for the current fiscal year, and reasons for recommended departures from the current expenditures pattern. (b) Statements of the bonded and other indebtedness of the city, including the debt redemption and interest requirements, the debt authorized and unissued, and the condition of the sinking funds. (c) Detailed estimates of all anticipated revenues of the city from all sources including current and delinquent taxes, non tax revenues and proceeds from the sale of any bonds, with a comparative statement of the amounts received by the city from each of such sources for the last preceding fiscal year, the current fiscal year, and the coming fiscal year. (d) A statement of the estimated balance or deficit, as of the end of the current fiscal year. (e) Such other supporting schedules as the council may request, or are otherwise required by law. Section 11. Capital budget program. As a part of the proposed annual budget, the city manager shall include a statement of pending capital projects and proposed new capital projects, relating the respective amounts proposed to be raised therefor by appropriations in the budget and the respective amounts, if any, proposed to be raised therefor by the issuance of bonds during the fiscal year. Such pending and proposed capital projects shall be based upon the guidance of council as expressed in the